B. Legal nature of the so-called successful bidder

(c) the responsibility for the accounting of the successful bidder;

(d) Method of settlement of the successful bidder;

(e)the existence and validity of a declaration of successful tender by the successful bidder;

B. The so-called successful bidder does not have the nature of the partnership agreement under the Civil Act, which operates a joint business by making a mutual contribution as a member of the fraternity, but is organized and operated by the fraternity as its own personal business, and is one of the bearerless contracts similar to the mutual credit system under Article 2 of the Mutual Saving and Finance Company Act.

C. In a case where the so-called successful bidder operates the so-called successful bid system with his own personal business, the relationship between the payment of deposits and the rank installments exists individually between the previous owners and each of the previous members. Therefore, the previous owners cannot be exempt from the liability such as the issuance of the successful bid price or the return of the fraternity, etc., by law, regardless of the payment of the fraternity by the other members.

D. When the former operates the so-called successful bidder as his own personal business, the method of settlement of the accounts would be at least to be determined by the agreement between the former and each unsuccessful bidder, and the latter’s declaration of the strike does not extinguish the obligation to pay attention to the former.

(e)The declaration of the successful tender in the bid field after the year of the successful tender, where the successful tender was awarded, is no particular effect other than the declared meaning of the letter confirming who puts the lowest bid amount, and thus, if it is confirmed by the lowest bidder, the relationship between the principal and the fraternity is established, and it shall not be deemed that there was no declaration of the successful tender in the form of the accounting system.

According to the reasoning of the judgment below, the court below found that the defendant organized the successful bid amount of KRW 5,00,00, KRW 50, KRW 100 per unit, KRW 100,00 per unit, and the successful bid amount of KRW 100,00,00, and the above successful bid amount of KRW 50,000 as a successful bidder shall be guaranteed only the credit and ability between the members, and the successful bidder shall be paid monthly from each member, and the successful bidder shall be paid the amount of KRW 5,00 within the limit of KRW 5,00,00 as a successful bidder's successful bidder's successful bidder's successful bidder's successful bidder's successful bid amount of KRW 10,00,00,000. The plaintiff's successful bidder's successful bid amount of KRW 15,00,00,000 as a successful bidder's successful bidder's successful bid amount of KRW 10,500,000,000,00.

I think, even if the contract is made for different kinds of benefits, the purpose and method of paying the benefits, the method of paying the subsequent installments, the relationship between the fraternity and the members, and other issues, shall be different in their legal nature. Under the facts established by the court below, the members of the public health zone and the fraternity shall be recruited under their own responsibility, and the remaining amount of the bid price shall be added to 00,000 won each time until the successful bid is delivered, and the remaining amount of the bid price shall be added to 0,000 won each time until the final bid price is delivered, and the successful bid price shall be reduced to 0,000 won each time, with the exception of 0,000 won each time. Such amounts of the bid price shall be reduced to 0,000 won each time until the final bid price is delivered.

Therefore, the method of liquidation is that at least the number of successful bidders should be determined by agreement between the owners and individual successful bidders, and the defendant, the leading owner, declared the strike and declared that the obligation to pay attention to the fraternity members ceases to exist, and on September 5, 1981, the successful bidder was held at the restaurant in the plaintiff's management, and the successful bidder was present at the successful bidder's meeting on the same day. As such, the prior meeting on the same day was duly conducted, and since there was no formal declaration of successful bidder's bid even after September 5, 1981, the successful bidder's declaration of successful bid does not have any particular effect other than the declared meaning of the letter confirming who included the lowest bid amount after the successful bidder was successful, it is established that the highest bidder's payment relationship between the states and the members mentioned above is established, and it is not different because there was no formal declaration of successful bid.

The court below erred in the misapprehension of legal principles as to the nature of this fraternity, dissolution, method of successful bid, etc., which affected the conclusion of the judgment, and without reversal, it is reasonable to discuss this issue as it goes against the principle of justice and equity.

Therefore, the judgment of the court below is reversed and the case is remanded to the Seoul High Court. It is so decided as per Disposition by the assent of all participating Justices.

Justices Kang Jong-young (Presiding Justice)